Toshakhana case: IHC directs trial court to hear PTI chairman’s plea

ISLAMABAD: The Islamabad High Court (IHC) has overturned a trial court’s verdict that had turned down a plea filed by the Pakistan Tehreek-e-Insaf (PTI) chief, seeking to nullify the Toshakhana case against him.

IHC Chief Justice Amir Farooq overturned the trial court’s decision and sent the matter back to the trial court for re-hearing. The court instructed the trial court to hear his counsel and make a fresh decision.

The IHC has asked the trial court to adjudicate the matter within seven days.

Earlier, the trial court had dismissed Khan’s plea, who contended that the criminal proceedings initiated in the Toshakhana case were not cognisable.

The PTI chief had taken the plea that the Election Commission of Pakistan, which filed the complaint, lacked the authority to initiate the proceedings in the said case.

The PTI chairman had argued that only the competent authority had the power to take up the complaint after which a sessions court would have the jurisdiction to try the case.

The chairman has filed a petition seeking the transfer of the Toshakhana case to another bench, expressing a lack of confidence in IHC Chief Justice Amir Farooq.

Imran Khan has made the district election commission a party in the petition, with a request for the IHC chief justice to recuse himself from hearing his petition.

Toshakhana reference

In August 2022, National Assembly Speaker Raja Pervez Ashraf forwarded the Toshakhana reference to the Election Commission, seeking Imran Khan’s disqualification.

In October 2022, the Election Commission of Pakistan disqualified the former PM in the Toshakhana case and deseated him as member of the National Assembly.

The Election Commission of Pakistan further called for legal action to be taken against him.

Allegations in the Tosha Khana case:

According to the reference, as the prime minister, he received gifts worth Rs142.2 million from Toshakhana.

The reference states that Imran Khan paid Rs38.177 million for these gifts but failed to pay for gifts worth Rs800,000. Imran Khan also purchased a watch, cufflinks, a pen and ring by paying Rs22.7 million.

The reference says that the actual value of the watch acquired by him was Rs8.5 million, the cufflinks were valued at Rs5.6 million, the pen at Rs1.5 million and the ring at Rs8.7 million.

According to the document, the PTI chief paid Rs294,000 for a watch worth Rs1.5 million, Rs1.7 million for perfumes, Rs3.38 million for watches, an iPhone, and suits, and Rs140,000 for wooden boxes, perfume bottles, and Tasbih.

It says that he also bought a watch worth Rs1.9 million for Rs935,000, a diamond pendant worth Rs1 million, rings and bracelets worth Rs544,000, a watch worth Rs4.9 million and cufflinks and rings for Rs2.4 million rupees.

The ongoing legal proceedings in the Toshakhana case will continue to be closely watched and the outcome of these proceedings will have implications for the chief’s political career and the wider political landscape in Pakistan.